Effect of Prior Immigration Denials
USCIS denies many applications for an immigration benefit. The good news is that a denial does not prevent someone from applying again. However, denials also form part of the immigration record, and it matters significantly why a prior application was denied. At The Law Office of Jason M. Sullivan, PLLC, we engage in strategic immigration planning for our clients. If you have suffered a denial, don’t despair. Call our office to discuss strategy.
Why You Were Denied Matters Considerably
Not all denials are the same. Although a denial, by itself, might not prevent you from applying in the future, there’s no guarantee you will secure an immigration benefit simply because of the passage of time. What matters is why you were denied.
For example, USCIS could have denied a benefit because you have committed a serious felony in the past. That type of bar could certainly prevent you from receiving immigration benefits when you apply in the future.
Alternatively, you might have been denied because you failed to provide sufficient evidence in support of your petition. That type of denial might not matter in the future if you have gathered additional supporting documentation.
Applications Should Be Consistent
Suppose you were denied in the past but want to apply again. If so, you must make sure your new application doesn’t contradict a previous one. Any departures could be a red flag that you are not being forthright in your application. Immigration officers have discretion in many cases to award or deny benefits. Concerns over honesty are a major reason many people are denied.
If you applied for prior benefits, make sure to tell your lawyer. A careful lawyer will make sure your application is consistent with information disclosed on a previous application. We will spend the time going through your entire file to understand what information you provided in previous applications.
Engage in Strategic Immigration Planning
Some applicants are denied benefits because they did not work closely with a lawyer when applying the first time. You will improve your chances of success by hiring a lawyer. Our law firm can:
- Review why you were previously denied.
- Analyze whether you are eligible today for an immigration benefit.
- Find evidence in support of your application.
- Address weaknesses in a previous application, if necessary.
- Ensure that you do not include contradictory information in new applications.
USCIS is not bound by a previous denial, especially where circumstances have changed. For example, you might not have had sufficient evidence of ties to your home when applying for a non-immigrant visa. Working with a lawyer, you can provide the missing evidence that makes an application stronger.
USCIS is also engaging in comprehensive re-review of some previously awarded immigration benefits. This could be something the agency continues doing long into the future. It is best to make sure any application you submit is as strong as possible.
Call Us to Schedule Your Private Consultation
If you call today, you can schedule a meeting with a Portsmouth, New Hampshire or Miami, Florida immigration lawyer. We are proud to help clients in select immigration matters, especially those involving family-based petitions, adjustment of status, and naturalization. Contact us today.